WHAT IS DEMOCRACY? WHY DEMOCRACY? CONSTITUTIONAL DESIGN 18

CHAPTER 1

WHAT IS DEMOCRACY?

1

WHY DEMOCRACY?

CHAPTER 2

CONSTITUTIONAL DESIGN

18

CHAPTER 3

ELECTORAL POLITICS

34

CHAPTER 4

WORKING OF INSTITUTIONS

56

CHAPTER 5

DEMOCRATIC RIGHTS

74

CHAPTER 6

ELECTORAL POLITICS IN THE

91

ERSTWHILE STATE OF

JAMMU & KASHMIR

CHAPTER 1

What is Democracy?

Why Democracy?

OVERVIEW

What is democracy? What are its features? This chapter builds on a simple definition of democracy. Step by step, we work out the meaning of the terms involved in this definition. The aim here is to understand clearly the bare minimum features of a democratic form of government. After going through this chapter we should be able to distinguish a democratic form of government from a non-democratic government. Towards the end of this chapter, we step beyond this minimal objective and introduce a broader idea of democracy.

Democracy is the most prevalent form of government in the world today and it is expanding to more countries. But why is it so? What makes it better than other forms of government? That is the second big question that we take up in this chapter.

1.1 WHAT IS DEMOCRACY?

You have already read about different forms of government. On the basis of your understanding of democracy so far, mentioning a few examples write down some common features of: Democratic governments Non-democratic governments

Why define democracy?

Before we proceed further, let us first take note of an objection by Merry. She does not like this way of defining democracy and wants to ask some basic questions. Her teacher Matilda Lyngdoh responds to her questions, as other classmates join the discussion:

Merry: Ma'am, I don't like this idea. First we spend time discussing democracy and then we want to find out the meaning of democracy. I mean logically shouldn't we have approached it the other way round? Shouldn't the meaning have come first and then the example?

Lyngdoh Madam: I can see your point. But that is not how we reason in everyday life. We use words like pen, rain or love. Do we wait to have a definition of these words before we use them? Come to think of it, do we have clear definition of these words? It is only by using a word that we understand its meaning.

Merry: But then why do we need definitions at all? Lyngdoh Madam: We need a definition only when

we come across a difficulty in the use of a word. We need a definition of rain only when we wish to distinguish it from, say, drizzle or cloudburst. The same is true for democracy. We need a clear definition only because people use it for different purposes, because very different kinds of governments call themselves democracy. Ribiang: But why do we need to work on a definition? The other day you quoted Abraham Lincoln to us: "Democracy is government of the people, by the people and for the people". We in Meghalaya always ruled ourselves. That is accepted by everyone. Why do we need to change that? Lyngdoh Madam: I am not saying we need to change it. I too find this definition very beautiful.

But we don't know if this is the best way of defining unless we think about it ourselves. We must not accept something just because it is famous, just because everyone accepts it. Yolanda: Ma'am, can I suggest something? We don't need to look for any definition. I read somewhere that the word democracy comes from a Greek word `Demokratia'. In Greek `demos' means people and `kratia' means rule. So democracy is rule by the people. This is the correct meaning. Where is the need to debate? Lyngdoh Madam: That is also a very helpful way of thinking about this matter. I would just say that this does not always work. A word does not remain tied to its origin. Just think of computers. Originally they were used for computing, that is to say calculating, very difficult mathematical sums. These were very powerful calculators. But nowadays very few people use computers for computing sums. They use it for writing, for designing, for listening to music and for watching films. Words remain the same but their meaning can change with time. In that case it is not very useful to look at the origins of a word. Merry: Ma'am, so basically what you are saying is that there is no shortcut to our thinking about the matter ourselves. We have to think about its meaning and evolve a definition. Lyngdoh Madam: You got me right. Let us get on with it now.

ACTIVITY

Let us take Lyngdoh Madam seriously and try to write down the exact definition of some of the simple words that we use all the time: pen, rain and love. For example, is there a way of defining a pen that distinguishes it clearly from a pencil, a brush, a chalk or crayon. What have you learnt from this attempt? What does it teach us about understanding the

meaning of democracy?

A simple definition

Let us get back to our discussion on similarities and differences among governments that are called

I have heard a different version. Democracy is off the people, far (from) the people and (where they) buy the people. Why don't we accept that?

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DEMOCRATIC POLITICS

democracies. One simple factor common to all democracies is: the government is chosen by the people. We could thus start with a simple definition: democracy is a form of government in which the rulers are elected by the people.

This is a useful starting point. This definition allows us to separate democracy from forms of government that are clearly not democratic. The army rulers of Myanmar were not elected by the people. Those who happened to be in control of the army became the rulers of the country. People had no say in this decision. Dictators like Pinochet (Chile) are not elected by the people. This also applies to monarchies. The kings of Saudi Arabia rule not because the people have chosen them to do so but

because they happen to be born into the royal family.

This simple definition is not adequate. It reminds us that democracy is people's rule. But if we use this definition in an unthinking manner, we would end up calling almost every government that holds an election a democracy. That would be very misleading. As we shall find out in Chapter 3, every government in contemporary world wants to be called a democracy, even if it is not so. That is why we need to carefully distinguish between a government that is a democracy and one that pretends to be one. We can do so by understanding each word in this definition carefully and spelling out the features of a democratic government.

CHECK YOUR PROGRESS

Ribiang went back home and collected some more famous quotations on democracy. This time she did not mention the names of the people who said or wrote these. She wants you to read these and comment on how good or useful these thoughts are: Democracy gives every man the right to be his own oppressor. Democracy consists of choosing your dictators after they've told you what you think it is you want

to hear. Man's capacity for justice makes democracy possible, but man's inclination to injustice makes

democracy necessary Democracy is a device that insures we shall be governed no better than we deserve.

All the ills of democracy can be cured by more democracy.

?Stephane Peray, Thailand, Cagle Cartoons Inc.

read the cartoon

This cartoon was drawn when elections were held in Iraq with

the presence of US and other foreign powers. What do you think this cartoon is saying? Why is `democracy' written

the way it is?

WHAT IS DEMOCRACY? WHY DEMOCRACY?

3

1.2 FEATURES OF DEMOCRACY

We have started with a simple definition that democracy is a form

of government in which the rulers are elected by the people. This

raises many questions: Who are the rulers in this

definition? Which officials must be elected for any government to

be called a democracy? Which decisions may be taken by non-

elected officials in a democracy? What kind of election constitutes

a democratic election? What conditions must be fulfilled for an

election to be considered democratic?

Who are the people who can elect the rulers or get elected as rulers?

Should this include every citizen on an equal basis? Can a democracy

deny some citizens this right? Finally, what kind of a form of

government is democracy? Can elected rulers do whatever they

want in a democracy? Or must a democratic government function with some limits? Is it necessary for a democracy to respect some rights of the citizens? Let us consider each of these questions with the help of some examples.

Major decisions by elected leaders

In Pakistan, General Pervez Musharraf led a military coup in October 1999. He overthrew a democratically elected government and declared himself the `Chief Executive' of the country. Later he changed his designation to President and in 2002 held a referendum in the country that granted him a fiveyear extension. Pakistani media, human rights organisations and democracy activists said that the referendum was based on

read the cartoon

Syria is a small west Asian country. The ruling Ba'ath Party and some of its small allies are the only parties allowed in that country. Do you think this cartoon could apply to China or Mexico? What does the crown of leaves

on democracy signify?

?Emad Hajjaj, Jordan, Cagle Cartoons Inc. 7 June 2005

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DEMOCRATIC POLITICS

?Ares, , Cagle Cartoons Inc. 22 January 2005

read the cartoon

This cartoon was drawn in the context of Latin America. Do you think it applies to the Pakistani situation

as well? Think of other countries where

this could apply? Does this happen sometimes in our country as well?

rulers. They cannot take the final

decisions. The power to take final decision rested with army officials

and with General Musharraf, and none of them were elected by the

people. This happens in many dictatorships and monarchies. They

formally have an elected parliament and government but the real power

is with those who are not elected. In a few countries, the real power

was with some external powers and not with locally elected

representatives. This cannot be called people's rule.

This gives us the first feature. In a democracy the final decision-

making power must rest with those elected by the people.

All this is so remote for me. Is

democracy all about rulers and governments? Can

we talk about a democratic

classroom? Or a democratic family?

malpractices and fraud. In August 2002 he issued a `Legal Framework

Order' that amended the Constitution of Pakistan. According

to this Order, the President can dismiss the national and provincial

assemblies. The work of the civilian cabinet is supervised by a National

Security Council which is dominated by military officers. After

passing this law, elections were held to the national and provincial

assemblies. So Pakistan has had elections, elected representatives

have some powers. But the final power rested with military officers

and General Musharraf himself. Clearly, there are many reasons

why Pakistan under General Musharraf should not be called a

democracy. But let us focus on one of these. Can we say that the rulers

are elected by the people in Pakistan? Not quite. People may

have elected their representatives to the national and provincial

assemblies but those elected representatives were not really the

Free and fair electoral competition

In China, elections are regularly held after every five years for electing the country's parliament, called Quanguo Renmin Daibiao Dahui (National People's Congress). The National People's Congress has the power to appoint the President of the country. It has nearly 3,000 members elected from all over China. Some members are elected by the army. Before contesting elections, a candidate needs the approval of the Chinese Communist Party. Only those who are members of the Chinese Communist Party or eight smaller parties allied to it were allowed to contest elections held in 2002-03. The government is always formed by the Communist Party.

Since its independence in 1930, Mexico holds elections after every six years to elect its President. The country has never been under a military or dictator's rule. But until 2000 every election was won by a

WHAT IS DEMOCRACY? WHY DEMOCRACY?

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?Nerilicon, El Economista , Mexico, Cagle Cartoons Inc. 17 May 2005

party called PRI (Institutional Revolutionary Party). Opposition

parties did contest elections, but never managed to win. The PRI was

known to use many dirty tricks to win elections. All those who were

employed in government offices had to attend its party meetings.

Teachers of government schools used to force parents to vote for the

PRI. Media largely ignored the activities of opposition political

parties except to criticise them. Sometimes the polling booths were

shifted from one place to another in the last minute, which made it

difficult for people to cast their votes. The PRI spent a large sum of money

in the campaign for its candidates. Should we consider the elections

described above as examples of people electing their rulers? Reading

these examples we get a sense that we cannot. There are many problems

here. In China the elections do not offer the people any serious choice.

They have to choose the ruling party and the candidates approved by it.

Can we call this a choice? In the Mexican example, people seemed to

really have a choice but in practice they had no choice. There was no

way the ruling party could be defeated, even if people were against

it. These are not fair elections. We can thus add a second feature

to our understanding of democracy. Holding elections of any kind is not

sufficient. The elections must offer a real choice between political

alternatives. And it should be possible for people to use this choice

to remove the existing rulers, if they wish so. So, a democracy must be

based on a free and fair election where those currently in power

have a fair chance of losing. We shall find out more about a

democratic election in Chapter 3.

One person, one vo te,

one value

Earlier, we read about how the struggle for democracy was linked to the demand for universal adult franchise. This principle has now come to be accepted almost all over the world. Yet there are many instances of denial of equal right to vote. Until 2015, in Saudi Arabia women

did not have the right to vote. Estonia has made its citizenship

rules in such a way that people belonging to Russian minority find it difficult to get the right to vote. In Fiji, the electoral system is such that the vote of an indigenous Fiji has more value than that of an Indian-Fijian. Democracy is based on a fundamental principle of political equality. That gives us the third feature of democracy: in a democracy, each adult citizen must have one vote and each vote must have one value. We shall read more about it in Chapter 3.

read the cartoon

This cartoon was titled `Building

Democracy' and was first published in a Latin American publication. What do moneybags signify here? Could this

cartoon be applied to India?

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DEMOCRATIC POLITICS

read the cartoon

?John Trever, Albuquerque Journal, US, Cagle Cartoons Inc.

This cartoon is about the Iraqi election held

after Saddam Hussein's regime was

overthrown. He is shown behind the bars. What is the car toonist saying here? Compare the message of this cartoon with the first

cartoon in this chapter.

Why talk about Zimbabwe? I read similar reports from many parts of our own country. Why don't we discuss

that?

R ule of law and respect for rights

Zimbabwe attained independence

from White minority rule in 1980. Since then the country has been

ruled by ZANU-PF, the party that led the freedom struggle. Its leader,

Robert Mugabe, ruled the country since independence. Elections were

held regularly and always won by ZANU-PF. President Mugabe was

popular but also used unfair practices in elections. Over the years his

government changed the constitution several times to increase the powers

of the President and make him less accountable. Opposition party

workers were harassed and their meeting disrupted. Public protests

and demonstrations against the government were declared illegal.

There was a law that limited the right to criticise the President. Television

and radio were controlled by the government and gave only the

ruling party's version. There were independent newspapers but the

government harassed those

journalists who went against it. The government ignored some court

judgments that went against it and pressurised judges. He was forced

out of office in 2017. The example of Zimbabwe shows

that popular approval of the rulers is necessary in a democracy, but it is

not sufficient. Popular governments can be undemocratic. Popular leaders

can be autocratic. If we wish to assess a democracy, it is important to look

at the elections. But it is equally important to look before and after the

elections. There should be sufficient room for normal political activity,

including political opposition, in the period before elections. This requires

that the state should respect some basic rights of the citizen. They should

be free to think, to have opinions, to express these in public, to form

associations, to protest and take other political actions. Everyone should be

equal in the eyes of law. These rights must be protected by an independent

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